A joint parliamentary committee has given a cautious welcome to the government's draft mental incapacity Bill, while mental health lawyers called for a mediation service to support the proposed legislation.

The all-party committee of MPs and peers last week supported the draft Bill's aim of respecting the rights of the mentally incapacitated but warned that more safeguards are needed to protect the vulnerable.

Chairman Lord Carter said the committee supported the Bill's plans to allow individuals to make advance decisions in case their mental capacity deteriorates in the future - including decisions to refuse medical treatment.

Richard Charlton, chairman of the Mental Health Lawyers Association, said: 'We feel there needs to be greater supervision and control of any advance determination to refuse treatment.

As the Bill stands at the moment, such a decision could be made some time in advance.'

Mr Charlton welcomed the creation of a new court of protection, combining the family court and the existing Court of Protection, which would enforce the Bill, but warned that the new Bill could lead to a flood of cases.

He said: 'The Bill will raise expectations considerably and different family members will have different views.

The new court could become flooded.

A mediation service could resolve many of these disputes.

Lawyers should play a key role in this because of the complex nature of the issues involved.'

The Bill's new concepts of general authority and lasting powers of attorney will enable individuals to write a 'living will', giving friends and relatives the power to make decisions on their health and personal welfare if their mental capacity deteriorates.

The committee recommended much tougher safeguards to avoid financial abuses.

Law Society President Peter Williamson warmly welcomed the committee's backing for the bill, for which he said the Society has been campaigning for a decade.

Rachel Rothwell